Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1887-01-20
Hovv states Are Made


Our readers gill remember that we
have frequently asserted that the power
does not lie in congress to create state.
thar Il il a right inherent in the people
and one which only they have power to
exercise; and farther, that Congress has
not absolute authority over the territories
that according tn the doctrines and ira
ditlons OF the republic, they can not hold
rs as a colony one moment affe. the peo-
pie have spoken, without an ARBITRARY ex-
errise of power dangerous, aye, menacing
the very existance of civil liberty. This
in effect is what the Supreme Court OF
the United States says in 10 Howard 446:
"In the construction of this power by
all the departments of the government
it has been to authorize the acquisition
of territory not fit for admission at the
time, but to be admitted as soon as its
population and situation entities it to
admission. 1t is acquired to become .
state, and NOT TO BE HELD AS A COLONY
| and governed by Congress with ABSOLUTE
AUTHORITY "The citizens of the
United States no emigrate to territory
belonging to the people Of the United
States, cannot be ruled as mere colonists,
dependent upon the will of the general
government, and to be governed by any
laws it may think proper to impose"
"a power, therefore, in the gen.
eral government to obtain and hold colo
MES and dependent territories over which
they might leglslate without restriction,
would be inconsistent with its own exis-
tence in its present form"
"rhe territory being part of the Uni
| ted States, the government and its clti-
zens both enter it under the authority OF
the constitution. with their respective
rights defined and marked out; and the
federal government can exercise no pow
er over his person and property beyend
what that instrument confeis, nor law
fully deny any right which it has reser-
we'd"
Says John A. Owen, one of the cleai-
est headed of all the champions Of State,
hood; rs not state created before i,
can be admitted into the union? Con-
gress admits new states; it can no more
create state than il can create star.
Is Dakota lifeless clay2 Does Congress
breathe into it life?
Statehood is fact. Admission to the
union is an independent matter. Slater
preceded the Union. There were orr
ginally a number Of them. They were
alive and acting. They formed unto,
and made provision that their congress
might afterwards admit additional states
and it was contemplated that these states
should make themselves from the outly
ing territory which was tirst claimed by
Individual states but afterward turnea
over to the United States rs terriior.
ontii the people tool possession and sue
cessfully carved out section by section
of reasonable size ard proportion, an,
created states out of such sections. W.
.aake our osn states
The ale of Michigan existed yea
snd a halt prior 10 admission -enacte'
lsws, created corporations and exercised
the functions of state. The supreme
couri OF the state decided that the act Of
her state legislature, before admission
WIS solid law and that il had power t.
hold real estate by virtue OF that law
Detroit Young Mems Society vs. Scott
Douglas, il9.
This case Welt to the supreme court Of
the United States, and WAS there dismiss.
ed for want of jurisdiction, leaving the
decision of the Supreme Court of Michl.
gan TO stand as the court of last resort
This is the only decision known TO the
writer by court of last resort which ex.
actly aud necessarily involves the direct
question whether state can exist out Of
the union. It Is not dictum, but judi
cial decision that state out Of the IN
ion may aud did possess vital power
that it lawfully did create corporation.
That decision has never been in any man.
nsr set aside or overuled, but stands to-
day as an authoritative. judicial declara.
ton that state can and did exist GU: OF
the union"